The current language in HR 2216 does not address the specific project delivery methods that are defined under current law, nor does it describe the strengths or weaknesses of either of the situations under which one may be preferable to the other.
Under federal law, there are two design-build selection procedures. The two-step/two-phase process, which is preferred, and the "turn-key selection process." The two-step process, which follows the guidance laid out in the Federal Acquisition Reform Act (FARA) as well as the Brooks Architect-Engineers Act of 1972 is preferred by the U.S. Army Corps of Engineers and is NSPE's preferred method for design-build procurements.
In a letter to House Appropriations Committee Chairman Hal Rogers (R-KY) and Ranking Member Nita Lowey (D-NY), NSPE President Dan Wittliff, P.E., F.NSPE writes, "NSPE believes the two-step/two-phase selection process ensures that competent and qualified design professionals are initially involved in the procurement process so that quality-based design considerations are incorporated into the drawings, plans, and specifications consistent with the interests of the public health and safety."
NSPE called upon the House Appropriations Committee to revise House Report 113-90 to unequivocally identify that the two-phase, qualifications-based selection process be followed on all MILCON projects.
For more information or questions concerning this, please contact Arielle Eiser, manager of government relations, at aeiser@nspe.org.
Read President Wittliff's letter to Chairman Rogers and Ranking Member Lowey.
The National Society of Professional Engineers is the national society of licensed professional engineers from all disciplines that promotes the ethical and competent practice of engineering, advocates licensure, and enhances the image and well-being of its members. Founded in 1934, NSPE serves more than 35,000 members and the public through 53 state and territorial societies and more than 400 chapters. For more information, please visit www.nspe.org.